Texas House Bill HB3739

Texas 2009 - 81st Regular

• Out of House Committee: 5/5/09

Caption

Relating to regulation of and access to certain cemeteries; providing penalties.

Impact

The impact of HB 3739 is multifaceted, primarily affecting entities engaged in cemetery operations. The bill makes it an offense for individuals or organizations to engage in cemetery-related businesses without adherence to specific legal frameworks or to manage interment records improperly. By clearly defining the obligations of cemetery operators and establishing penalties for non-compliance, the bill strengthens consumer protections and promotes ethical practices within the cemetery industry. The act is applicable to offenses committed after its effective date, ensuring that prior infractions remain under the governance of existing laws.

Summary

House Bill 3739 addresses the regulation and access to certain cemeteries in Texas, with a specific focus on non-perpetual care cemeteries. The bill grants the Texas Funeral Service Commission the authority to enforce specific sections of the Health and Safety Code related to cemetery operations. This includes the adoption of rules and the establishment of procedures to ensure compliance with regulations governing the management of cemetery plots and the provision of related services. Moreover, the legislation aims to standardize practices across the state to enhance oversight and accountability in cemetery management.

Contention

Notable points of contention surrounding HB 3739 may stem from concerns over restrictions placed on cemetery operators and the implications for local management practices. Entities that have historically operated under a more lenient regulatory framework may view the increased oversight as cumbersome, potentially stifling business operations. Additionally, the introduction of penalties for various infractions could prompt discussions surrounding their proportionality and the potential impact on access to burial services for families. Balancing compliance measures with the needs of the community remains a significant consideration in ongoing dialogues about the bill.